cHILD CUSTODY CHANGES


#1

hello

Wife remarried the day the divorce was final. lives now with new husband and his two kids with my kids in my mother in laws house. Neither work.
can child support be revisited due to new marriage and living under mother in laws roof? I need relief… they are supported by me and her mom as far I can figure.
I pay only child support, no alimony… have developed a fondness for Ramen noodles but it is getting old. help. :slight_smile:


#2

If you have a child support order, you have to show a substantial change in circumstances to the court to modify child support. I don’t believe that either her new marriage or her living situation would be considered a substantial change. The child support guidelines do not include a new spouse’s income in the calculation nor does it include voluntary support from a third party, such as a grandmother.


#3

Thank you for your answer. Child support and custody was decided in court. She married the fellow she had the affair with and they all live in a house my mother in law bought after they married. I have been in the family home since separated and divorced. The mortgage is 1800.00 a month and I pay 1271.00 in child support. thus my Ramen diet…
I work 60 hours a week in a 100% commissioned sales job while she goes to college works part time and earns very little. I wondered if any of the changes mattered.

I think the only course is to sell the house, buy a tent and revisit child custody and support. More than anything I want to see my kids more and need a change of diet. Ramen… way too much sodium.

Thank you.


#4

curious.

My mortgage went up $70.00 a month since all this was decided. I had to change my tax withholdings?? ( is that right) since I no longer have my darlings as much as I used to and so the amount of money taken out of my weekly pay and commissioned check has increased quite a bit. the long and short is I am sinking…
It was decided that I get the house and she get my retirement, but I can not afford to keep the house and pay child support and eat or fill the car… had the water shut off recently!! and the fridge is empty.

laughable in that I did not want to be divorced…

what is defined as substantial in the eyes of the courts? If I died and my income was gone my children would still be financially fine because of my mother in law (ex mother in law??). This is a household that now keeps my 4 kids and 2 step kids. The adults, My ex and her new husband work part time at best while going to school. So there is no guarantee of any future income from either of them for years. I work 60 hours a week. last weeks paycheck after taxes and child support was $20.00

I am selling the house, to lighten my monthly expenses. I am contemplating changing careers and going into real estate sales, so that I can see my children much, much more than I am now and hopefully earn as much as I am now if not more. I was told that I may not be able to start a new career because of what was originally agreed to. Is this true? My lawyer stated the agreement was temporary. If I have to live like this for much longer Dad may very well be homeless.


#5

The child support guidelines base the child support obligation on the incomes of the parties and the expenses for the children such as health care and day care expenses. Since a change in your mortgage payment only impacts your ability to pay and a change in your tax withholdings only impacts your net income, these would not change the calculation using your gross income. Therefore, I believe it would be difficult for you to argue that changes are a substantial change in circumstances warranting a recalculation of the child support obligation.


#6

Thank you,

Is housing not taken into consideration as a childcare expense?


#7

No, you do not include your housing expenses on the child support calculator. The child support guidelines allow for the inclusion of child care costs, and states:

Reasonable child care costs that are, or will be, paid by a parent due to employment or job search are added to the basic child support obligation and prorated between the parents based on their respective incomes.


#8

My x’s parents have custody of my daughter. My x currently resides with them. She was on bed rest and not working until she delivered her illegitimate child that the father is nowhere to be found. The x-inlaws went through DSS to get child support from me. Now, that my x is back to work I would like to get the order modified. During my proceedings the judge did say once the my x returns to work that I can come back to get the amount changed so that my x is responsible in paying as well.

How and what do I need to do to get this back on the docket? My x was not originally listed as defendant when DSS filed the paperwork.

Thank you


#9

You need to file a motion to modify child support. You may also need to file a motion to add her as a party. You should talk with the child support enforcement office as they may be file the motion for adding a party for you.


#10

Hi,

Thank you for your guidance thus far. Will stay the course. Have sold the house. Are there guidelines anywhere to reference housing of children? I have 4 children,
3 boys and 1 girl. Can I keep them in a 2 bedroom or are there child custody guidelines that I have to follow. The apartments have a rule of 2 heartbeats per bedroom plus 1.
Am trying to limit my expenses. Truly am tired of Ramen.


#11

There are no written guidelines about what is required for appropriate living arrangements for children. What is appropriate depends on your family, and the court determines these issues on a case by case basis.